The Day of the Confederacy: A Chronicle of the Embattled SouthStephenson, Nathaniel W. (Nathaniel Wright)
History
The Day of the Confederacy: A Chronicle of the Embattled South
Stephenson, Nathaniel W. (Nathaniel Wright)
Confederate States of America -- History
In spite of its repugnance to the suspension of the writ of habeas
corpus, Congress was so impressed by the gravity of the situation that
early in 1864 it passed another act "to suspend the privilege of the
writ of habeas corpus in certain cases." This was not quite the same as
that sweeping act of 1862 which had set the Mercury irrevocably in
opposition. Though this act of 1864 gave the President the power to
order the arrest of any person suspected of treasonable practices, and
though it released military officers from all obligation to obey the
order of any civil court to surrender a prisoner charged with treason,
the new legislation carefully defined a list of cases in which alone
this power could be lawfully used. This was the last act of the sort
passed by the Confederate Congress, and when it expired by limitation
ninety days after the next meeting of Congress it was not renewed.
With regard to the administration of the army, Congress can hardly be
said to have met the President more than half way. The age of military
service was lowered to seventeen and was raised to fifty. But the
President was not given--though he had asked for it--general control
over exemptions. Certain groups, such as ministers, editors, physicians,
were in the main exempted; one overseer was exempted on each plantation
where there were fifteen slaves, provided he gave bond to sell to the
Government at official prices each year one hundred pounds of either
beef or bacon for each slave employed and provided he would sell all his
surplus produce either to the Government or to the families of soldiers.
Certain civil servants of the Confederacy were also exempted as well as
those whom the governors of States should "certify to be necessary for
the proper administration of the State Government." The President was
authorized to detail for nonmilitary service any members of the
Confederate forces "when in his judgment, justice, equity, and
necessity, require such details."
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